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14 Alternative Resol. 1 (2003-2005)

handle is hein.barjournals/altresolut0014 and id is 1 raw text is: Visit our Website at www.texasadr.org m The Newsletter of the State Bar of Texas Alternative Dispute Resolution Section September 2003 Summer Issue Vol. 14, No. 1 CHAIR'S CORNER' by Michael J. Schless, Chair, ADR Seitoi3 AQUARIUS REVISITED I often do my best thinking in the water. Whether it is during my leisurely morning showdf ',ile swimming laps, my mind seems to float to a place all its own, free from the pull of daily decisions or mundne matters. And so it was on a recent Sunday morning when I found myself no longer concerned about what number lap I was on in the pool, but rather thinking about my profession, our profession, and how far we have come in the past ten, fif- teen, twenty years. I began to think about the visionary Judge Frank Evans who, even over twenty years ago saw the potential of mediation and other ADR processes in our legal system and in our society. Steve Brutsche, who inspired, trained, and organized an entire early generation of pioneers. Suzanne Mann Duvall, who has led with wisdom, grace, and cunning just about every ADR organization of statewide dimension in Texas. Gary Condra, who made profes- sional ethics mean something by standing on fundamental mediation principles, even at great personal expense, be- cause it was the right thing to do. And the list goes on: Ed Sherman, who along with Judge Evans, wrote the 1987 ADR Act on a legal pad in the halls of the Capitol; Brian Shannon, whose clarity and scholarship has significantly influ- enced the fate of the UMA in Texas and nationally; Jan Summer, Kim Kovach, Bruce Stratton, Susanne Adams, John Palmer, Judge John Coselli, and on and on. Giants, one and all. Then my imagination turned toward the future, Where are we headed? What will our profession look like in ten, fif- teen, twenty years' time? Will technology be so advanced that we no longer meet face to face and in person when (if) we mediate? Will that be a good thing, or not? Will ADR become so ingrained in the way we resolve disputes that it will come to be referred to as DR instead of ADR? What lessons must we learn if we are to successfully mediate disputes across international borders and cultures? How will we use ADR, beyond resolution of the litigated case, in ways we have not yet imagined? At the Council Retreat on July 19 we pondered many of these questions, (see pictures of our handiwork on page 3), and I now invite, nay challenge, each of you to ponder them as well the next time you are in the shower, or swimming laps, or engaged in whatever activity it is that allows your imagination to run free and wild. Why is it important to do that? Because if we never think imaginatively about where we are going, how will we ever get there? On the pages of this edition of Alternative Resolutions, you will see several articles regarding arbitration. Legislative Committee Chair John Fleming has summarized the bills of the 78th Regular Session of the Texas Legislature related to ADR, and much of the focus this session was on arbitration, particularly in the consumer and employment arenas. Chair-Elect Bill Lemons has reported on the Revised Uniform Arbitration Act and the ethical rules which have been continued on page 2 rn this Issue 2003 Calendar of Events ........................................................................... 2 Newsletter Submission Dates ................................................................ . 2 ADR Section Council Retreat July 19, 2003 ............................... 3 ADR Section Committees and Projects 2003-2004 ................................ 4 Arbitral Immunity Found to Exist in Texas ......................... 6 2003-2004 Officers and Council Members .......................... 7 Case Law & Legislation Update.............................................................. 8 M ake Networking Pay Off ................................................................... 10 Ethical Puzzler ........................................ 12 Focus: A rbitration ..................................................................................... 14 Book Review ......................................... 15 A D R H andbook .......................................................................................... 16 Survey for Current, Potential and Past Members ........................... 18 Section Adopts Code of Ethics for Arbitrators .......................................... 20 Practical Tips for Mediation: Hold for Payout Status; The Sequel ........... 21 Encourage Colleagues to Join............ .................................................. 22 Alternative Resolutions Publications Policies .......................................... 23 Alternative Resolutions Publications Policy for Training Listings ........... 23 Alternative Dispute Resolution Section Council ........................................ 24 m q i °W rI Re lU

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